The actor’s body lay in cold storage for 3 and a half months while Hemsley’s estranged brother contested his will. DNA testing proved Richard Thornton was Hemsley’s brother. But on Friday, an El Paso, Texas judge refused to consider the DNA because Thornton missed a deadline to present his evidence.

A lawyer for Flora Enchinton, who was Hemsley’s manager and best friend, confirmed that Hemsley would be given a military funeral. The actor served in the United States Air Force.